LINCOLN  ROOM 

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LIBRARY 


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the  Class  of  1901 

founded  by 

HARLAN  HOYT  HORNER 

and 

HENRIETTA  CALHOUN  HORNER 


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in  2012  with  funding  from 

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Abraham  Lincoln,  Defendant 


COURT-HOUSE  AT  LEXINGTON,   KENTUCKY,  IN   1853 


ABRAHAM  LINCOLN 
DEFENDANT 

Lincoln's  Most  Interesting 
Lawsuit 

BY 
WILLIAM  H.  TOWNSEND 

Of  the  Lexington,  Kentucky,  Bar 
WITH  ILLUSTRATIONS 


BOSTON  AND  NEW  YORK 

HOUGHTON  MIFFLIN  COMPANY 

QHje  ftibergfte  $)rcss  Cambridge 
1923 


COPYRIGHT,  1923,  BY  HOUGHTON  MIFFLIN  COMPANY 


ALL  RIGHTS  RESERVED 


CAMBRIDGE  •   MASSACHUSETTS 
PRINTED  IN  THE  U.S.A. 


B 


x 


Preface 


LINCOLN'S  most  interesting  lawsuit  is 
_J  one  hitherto  wholly  unknown  to  his 
many  biographers.  In  this  suit,  he  is  him- 
self a  defendant  and  the  issue  involves  his 
own  personal  integrity. 

Until  the  record  was  discovered  among 
the  musty  files  of  the  Fayette  Circuit  Court 
at  Lexington,  Kentucky,  and  Lincoln's  let- 
ters relating  thereto  were  unearthed  from 
an  attic  where  they  had  lain  forgotten  for 
nearly  seventy  years,  it  was  believed  by  au- 
thorities on  the  subject  that  Lincoln  had 
been  defendant  in  but  two  lawsuits.  Both 
of  these  were  episodes  of  his  struggling 
years  at  New  Salem,  and  neither  reflected 
in  any  way  upon  his  honor,  the  very  key- 
stone of  his  character.  With  them  the  pub- 
lic is  more  or  less  familiar. 

The  first  one  grew  out  of  a  horse-trade. 


Preface 

Lincoln  had  purchased  a  horse  from  a  man 
named  Watkins  for  fifty  dollars.  It  was 
agreed  that  payments  might  be  made  by 
installments,  but,  when  only  a  balance  of 
ten  dollars  remained,  the  impatient  creditor 
sued  Lincoln,  who  admitted  the  debt,  bor- 
rowed the  money,  and  paid  it. 

The  second  suit  was  in  1834,  when  one 
Van  Bergen  sought  to  enforce  payment  of 
a  note  given  by  the  ill-fated  partnership  of 
Lincoln  &  Berry  while  in  the  grocery  busi- 
ness at  New  Salem.  Lincoln,  penniless,  but 
steadfast  in  his  determination  to  pay  the 
debts  of  the  firm,  made  no  defense  and  sur- 
rendered his  horse,  saddle,  bridle,  and  sur- 
veying instruments  to  satisfy  the  judgment. 
Poverty  alone  made  him  a  defendant  in  these 
two  instances,  and  throughout  his  career 
as  a  lawyer  no  person,  except  in  the  case 
hereafter  related,  ever  claimed  that  Abra- 
ham Lincoln  was  guilty  of  a  dishonest  act. 

vi 


Preface 

Henry  C.  Whitney,  in  his  «  Life  on  the 
Circuit  with  Lincoln,"  says  of  him :  "  His 
great  reputation  for  integrity  was  well  de- 
served. The  most  punctilious  honor  ever 
marked  his  professional  and  private  life. 
No  one  ever  accused  him  of  taking  an  un- 
derhanded or  unfair  advantage  in  the  whole 
course  of  his  professional  career." 

In  the  words  of  Judge  Davis,  who  knew 
Lincoln  as  few  of  his  associates  did,  "  he 
never  took  from  a  client,  even  when  the 
cause  was  gained,  more  than  he  thought 
the  service  was  worth  and  the  client  ought 
to  pay."  In  fact,  his  companions  on  the 
circuit  indignantly  protested  that  Lincoln 
did  not  really  charge  what  his  services  were 
worth,  and  cited  the  instance  when  he  col- 
lected a  debt  of  six  hundred  dollars  due  a 
client  and  deducted  a  fee  of  only  three  dol- 
lars and  fifty  cents. 

That  Lincoln,  therefore,  could  have  ever 
vii 


Preface 

been  accused  under  oath  of  having  collected 
money  for  a  client  and  converting  the  entire 
amount  to  his  own  use,  would  be  unbeliev- 
able were  it  not  for  the  evidence  now  set 
forth  for  the  first  time  in  the  succeeding 
pages.  To  preserve  for  posterity  the  authen- 
tic details  of  this  experience  is  the  object 
and  purpose  of  this  little  volume. 


Illustrations 


Court-House  at  Lexington,  Kentucky,  in 

1853  Frontispiece 

Petition  of  Edward  Oldham  and  Thomas 
Hemingway  versus  Abraham  Lincoln,  Nin- 
ian  W.  Edwards,  and  George  B.  Kinkead, 
filed  May  12,  1853  4 

Order  of  Attachment  on  Property  of  Lin- 
coln and  Edwards  6 

Summons  of  Lincoln,  Edwards,  and  Kinkead  7 

Lincoln  to  Kinkead,  May  27,  1853  8 

Lincoln's  Separate  Answer  to  the  Petition  10 

Lincoln  to  Kinkead,  July  6,  1853  16 

Lincoln  to  Kinkead,  September  13,  1853  20 

Copy  of  Lincoln's  Notice  to  the  Plaintiffs, 
September  22,  1853,  attached  to  Deposi- 
tion of  Anthony  Thornton  26 

Copy  of  Notice  to  Plaintiffs  attached  to 
Depositions  of  Ninian  W.  Edwards  and 
Eliphalet  B.  Hawley  27 

Lincoln  to  Kinkead,  September  30,  1853  28 

Edwards's  Answer  to  the  Petition  40 


Abraham  Lincoln,  Defendant 


Abraham  Lincoln,  Defendant 

ROBERT  S.  TODD,  the  father-in-law 
_  of  Abraham  Lincoln,  was  for  many 
years  a  prominent  business  man  of  Lexing- 
ton and  Central  Kentucky.  The  firm  of 
Oldham,  Todd  &  Company,  composed 
of  Edward  Oldham,  Robert  S.  Todd,  and 
Thomas  Hemingway,  owned  and  operated 
a  large  cotton  factory  in  Fayette  County  and 
its  products  were  sold  extensively  in  Ken- 
tucky and  adjoining  States. 

On  the  sixteenth  day  of  July,  1849, 
Robert  S.  Todd  died,  and  thereafter  the 
business  was  conducted  by  the  surviving 
partners  under  the  style  of  Oldham  &  Hem- 
ingway. 

In  due  time,  Robert  S.  Todd's  widow 
qualified  as  administratrix  and  began  an  ac- 
tion in  the  Fayette  Circuit  Court  to  settle 


Abraham  Lincoln,  Defendant 

the  rather  extensive  estate,  including  the 
partnership  of  Oldham,  Todd  &  Company. 
After  much  delay  and  considerable  liti- 
gation, the  settlement  of  the  estate  had  been 
practically  completed  and  the  portions  due 
decedent's  several  children  ascertained  and 
adjudged,  when,  on  the  twelfth  day  of  May, 
i  8  5  3 ,  in  the  Fayette  Circuit  Court,  which 
held  its  sessions  in  the  historic  old  Court- 
House  that  had  echoed  the  voices  of  the 
Marshalls,  the  Breckinridges,  and  Henry 
Clay,  the  following  petition  was  filed : 

Fayette  Circuit  Court. 
Edward  Oldham  and 
Thomas  Hemingway,  surviving 
partners  of  Oldham,  Todd,  &  Company, 

Plaintiffs. 
vs :  Petition. 

Abraham  Lincoln,  Ninian 
W.  Edwards  and  George 
B.  Kinkead,  Defendants. 

The  plaintiffs  state  they  are  the  surviving 

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Abraham  Lincoln,  Defendant 

partners  of  Oldham,  Todd  &  Company,  the 
old  firm  consisting  of  Edward  Oldham, 
Robert  S.  Todd  &  Thomas  Hemingway, 
Robert  S.  Todd  having  departed  this  life  on 
the  1 6th  day  of  July,  i  849,  and  that  Abra- 
ham Lincoln  and  Ninian  W.  Edwards  are 
indebted  to  them,  Lincoln  in  the  sum  of 
$472.54  Dolls,  for  money  collected  for  said 
firm  and  unaccounted  for  and  Edwards  in 
$9.00  freight  paid  for  him  by  sd.  firm. 
Both  of  said  defendants  are  non-residents 
of  this  state  and  live  in  Illinois.  They  state 
they  are  informed  and  charge  the  fact  to  be 
that  one  George  B.  Kinkead  as  their  attor- 
ney in  fact  has  in  his  hands  or  will  have  in  a 
few  days  under  his  control  and  possession  a 
large  amount  of  money  belonging  to  them, 
the  proceeds  of  the  defendants  interest  it  be- 
ing two  sixths  of  a  house  and  lot  in  Lexing- 
ton. That  said  amount  then  due  the  defend- 
ants is  about  $  1 500  Dollars  which  is  much 

5 


Abraham  Lincoln,  Defendant 

[more]  than  sufficient  to  pay  them  their 
demands. 

They  pray  said  amount  or  so  much  as 
will  be  sufficient  to  pay  their  debts  be  at- 
tached and  garnisheed  in  the  hands  of  said 
Kinkead  to  pay  their  debt  and  he  be  re- 
strained from  paying  over  the  same  or  any 
part  of  it  until  the  further  order  of  this  Court 
and  other  proper  relief. 

C.  D.  Carr. 

Fayette  County. 

Thomas  Hemingway  says  he  believes 
the  statements  of  the  foregoing  petition  are 
true.  T.  Hemingway, 

Sworn  to  before  me  by  Thomas  Hem- 
ingway, the  i  ith  day  of  May,  1853. 
John  Henry,  J.P.F.C. 

Fayette  County. 

1st   Plaintiffs   state    their  claims  are  for 
money  collected  by  said  Lincoln  as  their 

6 


Abraham  Lincoln,  Defendant 

attorney  and  not  paid  over  and  for  money 

paid  for  said  Edwards  for  freight. 

2nd.  That  they  are  just. 

3rd.  That  they  ought  to  recover  $481.54. 

4th.  That  the  defendants  are  non-residents 

of  the  Commonwealth  of  Kentucky. 

T.  Hemingway. 

Sworn  to  before  me  this  1  ith  day  of 
May,  1853,  by  Thomas  Hemingway. 
John  Henry,  J.P.F.C. 

The  first  information  that  such  a  suit  had 
been  instituted,  or  even  contemplated,  evi- 
dently came  to  the  defendants  through  Mr. 
Kinkead,  who  wrote  them  at  Springfield, 
probably  inclosing  a  copy  of  the  petition, 
and  to  which  letter  Mr.  Lincoln  promptly 

replied : 

Danville,  Ills.  May  27,  1853. 
George  B.  Kinkead,  Esq^, 
Lexington,  Ky. 

I  am  here  attending  court  a  hundred  and 

7 


Abraham  Lincoln,  Defendant 

thirty  miles  from  home,  and  where  a  copy 
of  your  letter  of  this  month, to  Mr.  Edwards, 
reached  me  from  him,  last  evening.  I  find  it 
difficult  to  suppress  my  indignation  towards 
those  who  have  got  up  this  claim  against  me. 
I  would  really  be  glad  to  hear  Mr.  Heming- 
way explain  how  he  was  induced  to  swear 
he  believed  the  claim  to  be  just !  I  herewith 
inclose  my  answer.  If  it  is  insufficient  either 
in  substance,  or  in  the  authentication  of  the 
oath,  return  it  to  me  at  Springfield  (where 
I  shall  be  after  about  ten  days")  stating  the 
defective  points.  You  will  perceive  in  my 
answer,  that  I  ask  the  Petitioners  to  be  ruled 
to  file  a  bill  of  particulars,  stating  names  & 
residences  &c.  I  do  this  to  enable  me  to 
absolutely  disprove  the  claim.  I  can  really 
prove  by  independent  evidence,  every  mate- 
rial statement  of  my  answer,  and  if  they  will 
name  any  living  accessable  man,  as  one  of 
whom  I  have  received  their  money,  I  will, 

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Abraham  Lincoln,  Defendant 

by  that  man  disprove  the  charge.  I  know 
it  is  for  them  to  prove  their  claim,  rather 
than  for  me  to  disprove  it ;  but  I  am  unwill- 
ing to  trust  the  oath  of  any  man,  who  either 
made  or  prompted 'the  oath  to  the  Petition. 
Write  me  soon. 

Very  Respectfully, 

A.  Lincoln. 

The  answer  which  was  inclosed  is  as  fol- 
lows: 

The  separate  answer  of  Abraham  Lin- 
coln to  a  Petition  exhibited  in  the  Fayette 
circuit  court  in  the  Commonwealth  of  Ken- 
tucky, against  said  Lincoln,  Ninian  W.  Ed- 
wards, and  George  B.  Kinkead,  by  Edward 
Oldham  and  Thomas  Hemingway,  sen'r, 
surviving  partners  of  Oldham,  Todd  &  Co. 

This  Respondent,  saving,  reserving  &c, 
for  answer  to  said  Petition  says  he  believes  it 
is  true,  and  therefore  he  admits  that  said  Peti- 

9 


Abraham  Lincoln,  Defendant 

tioners  are  the  surviving  partners  of  said 
firm  of  Oldham,  Todd  &  Co;  that  said  firm 
did  consist  of  the  persons  named  as  the 
members  thereof  in  said  Petition;  and  that 
said  Robert  S.  Todd  did  depart  this  life 
about  the  time  stated  in  said  Petition.  But 
this  Respondent  utterly  denies  that  he  is, 
or  ever  was,  indebted  to  said  firm,  or  to  said 
Petitioners  as  surviving  partners  thereof, 
or  in  any  way  howsoever;  he  denies  that 
he  ever  collected  $472  54/100  or  any 
other  sum  whatever,  for  said  firm,  or  of 
money  belonging  to  said  firm,  or  to  said 
Petitioners,  in  any  capacity  whatever;  he 
denies  that  he  ever  had  placed  in  his  charge 
for  collection,  any  debt  or  claim  for  said 
firm,  or  for  said  Petitioners,  of  any  sort 
whatever ;  and  he  denies  that  he  ever  was 
employed  as  the  attorney  or  in  any  other 
capacity,  of  said  firm,  or  of  said  Petitioners, 
in  any  matter  whatever,  so  far  as  he  remem- 

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Abraham  Lincoln,  Defendant 

bers  or  believes.  Respondent  cannot  con- 
ceive on  what  the  charge  of  said  Petitioners 
against  him  is  founded,  unless  it  be  the  fol- 
lowing facts — In  the  autumn  of  i  8  4  3 ,  and 
after  Respondent  had  intermarried  with  said 
Robert  S.  Todd's  daughter,  said  Robert  S. 
Todd  visited  Springfield,  Illinois,  when  and 
where,  Respondent,  for  the  first  time  in  his 
life,  met  him. 

During  that  visit,  said  Todd  remarked  to 
this  Respondent  that  there  were  twodesper^ 
ate  or  doubtful  debts  due  Oldham,  Todd  & 
Co  —  one  at,  or  near,  Beardstown,  Illinois, 
in  charge  of  an  attorney  by  the  name  of 
Henry  E.  Dummer,and  the  other  at  Shelby- 
ville,  Illinois,  in  charge  of  whom  Respond- 
ent does  not  remember,  and  that  if  any  thing 
could  be  collected  on  said  debts  he  desired 
Respondent  to  take  and  retain  it  as  his  own. 
Afterwards,  and  as  Respondent  remembers, 
in  1846,  said  Dummer  paid  over  to  this 

1 1 


Abraham  Lincoln,  Defendant 

Respondent,  the  sum  of  fifty  dollars,  repre- 
senting that  sum  to  be  all,  beyond  charges, 
that  could  be  collected  on  the  said  claim  in 
his  hands.  And  as  to  the  said  debt  at  Shelby- 
ville,  nothing  whatever  has  come  to  the  hands 
of  this  Respondent  directly  or  indirectly,  and 
Respondent  supposes  said  debt  has  not  been 
paid  to  any  one  else,  but  remains  wholly  un- 
paid. If  Respondent  ever  knew,  he  has  for- 
gotten the  name  of  the  debtor  at  Beardstown; 
but  he  believes  one  Marshall  Basye  was 
the  debtor,  or  one  of  the  debtors,  at  Shelby- 
ville.  Respondent  was  not  desired  to  take, 
and  did  not  take  charge  of  said  claims  as  an 
attorney,  or  in  any  otherwise  than  as  herein 
stated;  so  far  as  he  remembers  or  believes  he 
never  spoke  or  wrote  to  either  of  the  debtors 
on  the  subject;  nor  ever  in  any  way  at- 
tempted to  supersede  the  attornies  in  whose 
hands  the  claims  were  originally  placed; 
and,  with  the  exception  of  the  fifty  dollars 

12 


Abraham  Lincoln,  Defendant 

aforesaid,  received  by  Respondent  under 
the  circumstances  aforesaid,  Respondent 
denies  that  he  ever  received  any  thing  what- 
ever, to  which  said  firm,  or  said  Petitioners 
could  have  a  pretence  of  a  claim.  Respond- 
ent further  states  that  when  he  visited  Lex- 
ington in  the  autumn  of  1849,  as  he  re- 
members, he  stated  this  whole  matter  to  said 
Hemingway  and  to  L.  O.  Todd,  as  he  now 
states  it;  and  that,  more  recently,  in  the 
spring  of  1 85 2,  he  again  fully  stated  it,  in 
his  sworn  answer  to  a  Bill  filed  for  the  ad- 
justment of  the  estate  of  said  Robert  S. 
Todd,  which  answer  doubtless  is  on  file  in 
the  said  Fayette  circuit  court,  and  Respond- 
ent supposes  said  court,  in  that  case,  decided 
and  adjusted  the  rights  of  the  parties  arising 
upon  said  state  of  facts. 

Respondent  cares  but  little  for  said  fifty 
dollars;  if  it  is  his  legal  right  he  prefers  re- 
taining it;  but  he  objects  to  repaying  it  once 

13 


Abraham  Lincoln,  Defendant 

to  the  estate  of  said  Robert  S.  Todd,  and 
again  to  said  firm  or  to  said  Petitioners;  and 
he  particularly  objects  to  being  compelled 
to  pay  money  to  said  firm  or  said  Petition- 
ers which  he  never  received  at  all. 

Respondent  prays  that  said  Petitioners 
may  be  ruled  to  file  a  Bill  of  particulars, 
stating  the  names  and  residences  of  the  per- 
sons of  whom,  they  claim  that  Respondent 
has  collected  money  belonging  to  them. 
Respondent  admits  that  he  resides  in  Illi- 
nois; that  said  George  B.  Kinkead  is  his 
attorney ;  and  that  he  had  means  in  his  hands 
belonging  to  Respondent,  substantially  as  is 
in  said  Petition  stated ;  and  now  having  fully 
answered  &c. 

A.  Lincoln. 


ss 


State  of  Illinois 

Vermilion  County 
Before  me,  Samuel  G.  Craig,  clerk  of  the 

14 


Abraham  Lincoln,  Defendant 

Circuit  Court  of  the  County  aforesaid,  this 
day  personally  appeared  Abraham  Lincoln, 
whose  name  is  subscribed  to  this  answer 
written  on  this  sheet,  and  who  being  by  me 
first  duly  sworn,  states  on  oath  that  all  the 
statements  in  said  answer  are  true  in  sub- 
stance and  in  fact.  In  witness  whereof  I 
have  hereunto  subscribed  my  name  and 
affixed  the  seal  of  said  Court  on  this  27  th 
day  of  May,  a. d.  1853. 

Sam'l  G.  Craig,  CIL 

The  Fayette  Circuit  Court  was  not  then 
a  court  of  continuous  session,  but  held  terms 
of  several  weeks  in  February  y  June  and  Au- 
gust of  each  year. 

Although  the  summons  did  not  require 
Lincoln  to  answer  until  the  first  day  of  the 
next  August  term,  it  will  be  noticed  that  he 
prepared  his  statement  of  defense  within 
twenty-four  hours  after  receiving  informa- 

x5 


Abraham  Lincoln,  Defendant 

tion  that  suit  had  been  instituted  and,  on  the 
first  day  of  the  June  term,  which  convened 
on  Monday,  June  1 3 , 1 8  5  3  ,his  answer  was 
duly  filed  in  the  Fayette  Circuit  Court. 

To  the  defense  presented  by  Lincoln's 
answer,  the  plaintiffs  filed  no  reply  and  the 
issue  being  thus  joined,  under  the  practice, 
the  case  stood  for  trial  during  the  June 
Term.  It  appears,  however,  that  Oldham  & 
Hemingway  made  no  effort  to  have  the  case 
assigned  for  hearing,  although  Court  did  not 
adjourn  until  the  twenty-fifth  day  of  June. 

After  adjournment,  nothing  having  been 
done  and  the  matter  evidently  weighing  con- 
siderably on  his  mind,  Lincoln  wrote  his 

lawyer  again. 

Springfield,  Ills. 
July  6,  1853. 
Geo.  B.  Kinkead,  Esq^ 
Lexington,  Ky. 

Dear  Sir: 

I  feel  some  anxiety  about  the  suit  which 
16 


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t^X,   y,   *g  /Xju,.     Lg.,    ^    __    ^ 


t*si,4* 


Abraham  Lincoln,  Defendant 

has  been  gotten  up  against  me  in  your  court; 
and  I  therefore  hope  you  will  pardon  my 
requesting  you  to  write  me  when  your  court 
sits  —  whether  it  is  probable  I  shall  have  to 
take  proof  here  &c,  &c.  In  the  autumn  of 
i  849  I  was  at  Lexington  several  days,  dur- 
ing which  time  I  was  almost  constantly  with 
L.  O.  Todd ;  and  if  he  shall,  when  the  case 
comes  on  to  be  tried,  think  he  remembers 
that  I  told  him  I  had  collected  money  for 
Oldham,  Todd  &  Co,  the  story  would  be 
plausable  enough  to  require  an  answer. 
Such  recollection  would  be  an  utter  mistake ; 
yet  if  something  of  the  sort  is  not  relied  on,  I 
can  not  conceive  how  Mr.  Hemingway  was 
induced  to  swear  to  the  truth  of  the  Bill; 
for  they  can  not  in  any  other  way  make  the 
slightest  show  of  proof.  I  therefore  think  it 
safest  to  look  to  their  making  this  proof, 
as,  at  least,  possible,  and  to  be  prepared  for 
it.  I  have  said  before,  and  now  repeat,  that  if 

*7 


Abraham  Lincoln,  Defendant 

they  will  name  the  man  or  men  of  whom, 
they  say,  I  have  collected  money  for  them, 
I  will  disprove  it.  I  hope  you  will  write  me 
at  once.  I  conclude  with  the  remark  that  I 
expect  you  to  be  compensated  for  your 
services  in  this  case,  in  addition  to  your 
compensation  for  your  attention  to  our  busi- 
ness, in  common,  there. 

Respectfully,  A.  Lincoln. 

It  is  evident  that,  from  the  beginning, 
Lincoln  had  been  aware  of  a  certain  influ- 
ence, not  exactly  in  the  open,  which  he 
thought  was  largely  responsible  for  this  liti- 
gation. This  is  indicated  by  the  reference  in 
his  letter  of  May  27th,  to  the  "man  who 
either  made  or  prompted  the  oath  to  the 
Petition."  It  now  becomes  apparent  that  the 
person  whom  Lincoln  suspected  as  having 
"prompted  the  oath  "  was  none  other  than 
his  brother-in-law,  Levi  O.  Todd. 

18 


Abraham  Lincoln,  Defendant 

The  Todd  estate  had  just  been  wound  up 
and  not  without  friction  among  some  of  the 
heirs.  The  record  of  the  settlement  suit  dis- 
closes considerable  ill-feeling  between  Levi 
O.  Todd  and  his  sisters,  Mary  Lincoln, 
Frances  Wallace,  and  Ann  Smith,  who  lived 
in  Springfield,  growing  out  of  advance- 
ments which  Todd  claimed  his  father  had 
made  during  his  lifetime  to  these  children 
and  particularly  to  Mary  Lincoln.  No  doubt 
these  facts  were  in  Lincoln's  mind  when  he 
wrote  the  above  letter  to  Mr.  Kinkead. 

In  reply  to  this  letter,  Mr.  Kinkead  must 
have  informed  Lincoln  that  plaintiffs  did  not 
intend  to  prosecute  the  case  further.  He 
probably  thought  that  the  answer  had  con- 
vinced them  of  their  error.  Yet,  when  on 
the  second  day  of  August,  Court  again 
convened  and  plaintiffs  made  no  motion  for 
dismissal,  Mr.  Kinkead  wrote  his  clients  the 
day  before  Court  adjourned  on  September 

*9 


Abraham  Lincoln,  Defendant 

3d.   To  this  letter,  Lincoln  responded  as 
follows: 

Bloomington,  Ills. 
Sept.  13*1853. 

Geo.  B.  Kinkead,  Esq^ 
Lexington,  Ky. 

Dear  Sir:  — 

Your  letter  of  the  2nd  inst  to  Mr.  Ed- 
wards, has  been  forwarded  by  him  to  me  here 
where  I  am  attending  court.  When,  in  your 
letter  to  me,  of  the  1 2  th  July,  you  gave  the 
opinion  that  O.  T.  &  Co  would  abandon 
their  suit,  it  was  plain  to  my  mind  they  in- 
tended no  such  thing,  else  they  would  have 
told  you  so  plainly.  The  matter  now  takes 
me  at  great  disadvantage,  in  this,  that  it  will 
cost  me  more  to  leave  the  Circuit  (which 
has  just  commenced)  and  attend  to  taking 
proof,  than  it  would  to  give  up  the  claim; 
and  your  letter  does  not  mention  the  time 
of  your  next  term. 

20 


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Yj/<*~  ^^  ^^  r^  t^**^7^.*** 

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Abraham  Lincoln,  Defendant 

But  the  great  difficulty  of  all  is  the  want 
of  something  definite,  to  take  proof  about. 
Without  a  bill  of  particulars  stating  the 
names  of  the  persons  of  whom,  O.  T.  &  Co 
claim  that  I  have  collected  money  for  them, 
any  proof  I  can  possibly  take,  will  be  wide 
of  the  mark  — -  can  not  meet  Levi's  state- 
ment, (which  I  now  suppose  he  is  deter- 
mined to  make")  that  "  I  told  him  I  owed 
the  amount  attached."  I  can  prove  by  John 
T.  Stuart,  of  Springfield,  Illinois,  that  he  & 
I  were  partners  in  the  law  from  the  Spring 
of  1 8 3 7  to  the  Spring  of  1 84 1 ,  and  that, 
so  far  as  he  knows,  we  never  had  any  busi- 
ness for  O.  T.  &  Co.  By  Stephen  T.  Logan 
of  Springfield,  Ills.,  that  he  and  I  were  part- 
ners from  the  Spring  of  1 8  4 1  to  the  autumn 
of  1 844,  and  that  so  far  as  he  knows,  he 
&  I  never  had  any  business  for  O.  T.  &  Co. 
By  William  H.  Herndon  of  Springfield, 
Ills.,  that  he  &  I  have  been  partners  from  the 

21 


Abraham  Lincoln,  Defendant 

autumn  of  1844  UP  to  ^e  present  time; 
and  that  so  far  as  he  knows,  he  &  I  never 
had  any  business  for  O.  T.  &  Co  —  and  by 
all  three,  that  they  never  knew  of  me,  indi- 
vidually, having  any  business  for  O.  T.  & 
Co.  Also,  by  Ninian  W.  Edwards  of  Spring- 
field, Ills., that  so  far  as  he  knows  or  believes 
the  whole  of  the  business  of  O.  T.  &  Co. 
in  Illinois  passed  through  his  hands,  and 
that  so  far  as  he  knows  or  believes,  none 
of  it  ever  went  into  my  hands  —  that  the 
claims  at  Beardstown  &  Shelbyville  both 
passed  through  his  hands  and  were,  in  the 
fall  of  1843,  g*ven  to  me,  as  desperate 
debts,  by  Mr.  Todd,  in  manner  as  I  have 
stated  in  my  answer;  and  that  less  than  three 
years  ago,  the  father-in-law  of  one  of  the 
debtors  called  on  him  to  try  to  compound 
the  debt.  As  I  understand,  both  these  claims 
went  into  judgments,  and  as  to  that  at 
Beardstown,  I  can  prove  the  truth  of  the  an- 

22 


Abraham  Lincoln,  Defendant 

swer,  by  the  record,  and  by  Henry  E.  Dum- 
mer  of  Beardstown,  Cass  Co.,  I  lis.  As  to  that 
at  Shelby  ville,  I  can  prove  the  truth  of  the 
answer,  by  the  record  that  it  was  taken,  not 
by  me,  but  by  a  different  attorney;  and  that 
it  remains  apparently  unsatisfied.  By  Wil- 
liam F.Thornton  of  Shelbyville,  Illinois, that 
he  is  the  father-in-law  of  the  debtor  —  that 
the  debtor  has  gone  to  California;  and  that 
he  left  this,  among  others,  as  an  unpaid 
debt,  which  he  desired  the  witness  to  com- 
pound for  him  if  he  could.  All  this  I  can 
prove ;  but  without  a  Bill  of  particulars,  it 
seems  to  me,  it  will  not  meet  the  case.  Can 
they  not  be  ruled  to  give  a  Bill  of  parti- 
culars f 

This  matter  harrasses  my  feelings  a  good 
deal ;  and  I  shall  be  greatly  obliged  if  you 
will  write  me  immediately,  under  cover  to 
Mr.  Edwards  at  Springfield^  Ills — telling 
me  first,  when  is  the  next  term  of  your 

23 


Abraham  Lincoln,  Defendant 

court ;  and  second,  whether  I  can  or  can 
not  have  a  bill  of  particulars. 

Yours  truly 

A.  Lincoln. 

Apparently  at  this  time,  Lincoln  and  his 
attorney  were  both  unaware  that  plaintiffs 
had  already  filed  an  exhibit  which  doubtless 
was  intended  as  a  bill  of  particulars.  This 
exhibit,  filed  August  i  oth,  is  a  statement  of 
account  as  follows : 

To  Claims  sent  A.  Lincoln  for  Collection. 
1841 

June  17.  H.  E.  Dummer-  Blain, 
Tompkins  &  Barrett  Claim,  amt  $  1 29.05 

1843 

Dec  8  Amt  of  claim  on  Hawley  & 
Edwards  for  cotton  yarns  sent  them 
for  sale,  proceeds.  $343.49 

?472-54 

Under  the  pleadings,  the  burden  of 
proof  was  on  the  plaintiffs  and,  as  Lincoln 
aptly  observed,  it  was  not  his  duty  first  to 

24 


Abraham  Lincoln,  Defendant 

disprove  the  allegations  of  the  petition.  No 
doubt,  a  motion  to  dismiss  for  want  of  pros- 
ecution would  have  been  sustained  by  the 
Court,  but  this  was  not  Lincoln's  way  of 
winning  the  suit.  He  would  not  rely  on 
technicalities  when  his  honor  and  integrity 
had  been  assailed.  The  record  must  show  a 
complete  refutation  of  the  charge.  Since  no 
effort  had  been  made  by  plaintiffs  to  obtain 
a  trial  during  the  June  and  August  terms, 
it  was  necessary  for  Lincoln  to  assume  the 
burden  of  proof  which  he  did  on  Septem- 
ber 22,  1853,  by  having  the  following  no- 
tice to  plaintiffs  issued  through  his  attorney : 

Messrs.  Oldham  &  Hemingway,  survivors  of 
Oldham,  Todd  &  Co. 

Gentlemen  : 

Take  notice  that  I  will  take  depositions 

to  be  read  by  me  in  the  suit  now  pending 

in  the  Fayette  Circuit  Court,  wherein  you 

are  plaintiffs  &  I  am  defendant  with  others, 

25 


Abraham  Lincoln,  Defendant 

at  the  following  times  &  places,  to-wit :  At 
the  office  of  the  Clerk  of  the  Circuit  Court 
of  Sangamon  County,  Illinois,  in  Spring- 
field on  the  i  2  day  of  Nov'r  next,  at  which 
place  I  will  take  the  deposition  of  I.  T. 
Stewart  &  others  —  At  the  office  of  the 
Clerk  of  the  Cass  Circuit  Court  in  the  town 
of  Beardstown,  County  of  Cass,  State  of 
Illinois,  on  the  15th  of  Nov'r,  1853,  at 
which  place  I  will  take  the  deposition  of 
H.  E.  Dummer  &  others  —  At  the  office 
of  the  Clerk  of  the  Circuit  Court  of  Shelby 
County  in  the  town  of  Shelby  ville,  in  said 
County,  State  of  Illinois,  on  the  8  th  of 
Nov'r,  1853,  at  which  place  I  will  take 
the  depositions  of  William  F.  Thornton  & 
others  — 

Abm.  Lincoln. 
Sep.  22,  1853. 

This  notice  was  duly  served  as  the  official 
return  shows : 

26 


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Abraham  Lincoln,  Defendant 

Executed,  September  23rd,  1853,  by 
delivering  to  Thomas  Hemingway  &  Ed- 
ward Oldham,  each  true  copies  of  the  within 
notice.  John  Rodes,  D.S. 

for  Waller  Rodes,  S.F.C. 

In  the  mean  time,  having  been  apprised 
as  to  the  exhibit  or  statement  of  account, 
Lincoln  wrote  his  attorney  again : 

Peoria,  Ills.  Sept.  30,  1853. 
Geo.  B.  Kinkead,  Esq^ 
Lexington,  Ky. 

Dear  Sir: 

Your  letter  of  the  2  2nd  has  just  reached 
me  through  Mr.  Edwards ;  and  for  which  I 
thank  you  heartily.  I  now  feel  that  the  case 
is  entirely  manageable.  I  well  know  who 
Hawley  and  Edwards  are.  The  "  Hawley  " 
of  that  firm  is  Eliphalet  B.  Hawley;  and 
the  "  Edwards  "  is  no  other  than  Ninian  W. 
Edwards,  whom  you  know  nearly  as  well  as 
I  do,  &  being  the  same  who,  on  behalf  of 

27 


Abraham  Lincoln,  Defendant 

himself,  and  the  rest  of  us  here,  has  con- 
ducted all  the  business  with  you,  in  relation 
to  Mr.  Todd's  estate.  Mr.  Hawley  still  lives 
at  Springfield ;  and  I  will  thank  you  to  give 
a  notice  to  take  his  deposition  at  the  same 
time  and  place  named  in  my  former  letter 
for  the  taking  of  that  of  Mr.  Edwards  & 
others  at  Springfield. 

Very  truly  yours  &c. 

A.  Lincoln. 

P.  S.  Still  write  me,  under  cover  to  Mr.  Ed- 
wards at  Springfield,  who  will  forward  to 
me.  A.  L. 

On  the  dates  fixed  in  this  notice  Lincoln 
took  the  following  testimony,  the  captions 
of  all  the  depositions  being  entirely  in  his 
handwriting : 

The  deposition  of  Anthony  Thornton  of 
Shelbyville,  Illinois,  states  that  deponent  is 
a  practicing  attorney  at  law  in  Shelbyville 

28 


£^J7  f^^&^s  p^,   ^fe^e    fast  O*—^/  ^_^  ^^ 
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&^c 


^-  ^fi^f^*-  /^y  A^    ^ 


Abraham  Lincoln,  Defendant 

and  has  been  so  engaged  for  about  sixteen 
years ;  that  he  knew  the  firm  of  Thornton 
&  Basye,  formerly  doing  business  at  that 
place  and  that  in  the  latter  part  of  i  84 1 ,  or 
beginning  of  1 842,  Rankin  &  Edwards  of 
Springfield  placed  in  deponent's  hands  for 
collection  a  note,  dated  March  7,  1840, 
executed  by  Thornton  &  Basye  to  Rankin 
&  Edwards  for  $5  97.00,  due  nine  months 
from  date;  that  said  note  is  now  in  his 
possession  and  has  been  all  the  time  since 
it  was  placed  with  him  for  collection.  He 
states  that  he  had  been  able  to  collect  on  this 
note  only  $45.00,  five  of  which  he  retained 
as  a  fee  and  the  balance  of  $40.00  he  had 
turned  over  to  N.  W.  Edwards  of  the  firm 
of  Rankin  &  Edwards ;  that  suit  was  never 
instituted  on  said  note  because  Thornton 
until  the  time  of  his  death  had  been  wholly 
insolvent  and  that  Basye  had  no  property 
subject  to  execution  from  1841  to  1849, 

29 


Abraham  Lincoln,  Defendant 

at  which  time  he  went  to  California  per- 
manently to  live ;  and  that  William  F.  Thorn- 
ton, father-in-law  of  Basye  and  who  is  absent 
from  the  State  at  the  time  this  deposition 
is  taken,  had  attempted  to  compound  the 
debt.  Deponent  is  "certain  the  defendant 
Lincoln  has  never  had  anything  to  do  with 
said  note." 

The  deposition  of  Ninian  W.  Edwards 
of  Springfield  states  that  Robert  S.  Todd, 
one  of  the  firm  of  Oldham,  Todd  &  Co., 
placed  in  the  hands  of  Rankin  &  Edwards, 
of  which  firm  deponent  was  a  member, 
cotton  yarns  to  sell  on  credit  or  for  cash  for 
said  Oldham,  Todd  &  Co.;  that  on  March 
7  th,  1 840,  they  sold  to  Thornton  &  Basye, 
of  Shelby  ville,  Illinois,  cotton  yarns  amount- 
ing to  $5  97.00,  for  which  the  purchaser's 
note  was  taken,  due  in  nine  months.  He 
states  that  the  note  was  held  until  the  latter 
part  of  1 841  or  the  beginning  of  1842, 

3° 


Abraham  Lincoln,  Defendant 

when  it  was  placed  in  the  hands  of  Anthony 
Thornton,  a  lawyer  of  Shelby  ville,  for  collec- 
tion ;  that  the  collection  of  forty  dollars  made 
by  Thornton  and  received  by  deponent  on 
April  14,  1842,  was  paid  for  Robt.  S. 
Todd  on  a  note  executed  by  Todd  to  Na- 
thaniel A.  Ware ;  that  sometime  thereafter, 
Robert  S.  Todd  had  told  deponent  that  he 
had  given  to  A.  Lincoln  "  what  he  could 
make  out  of  said  debt  "and  had  also  informed 
him  that  he  had  given  Lincoln  a  debt  in  the 
handsof  H.  E.  Dummerof  Beardstown ;  that 
neither  the  deponent  nor  any  member  of  his 
firm,  so  far  as  he  knows,  ever  paid  Lincoln 
any  money  whatever  belonging  to  Oldham, 
Todd  &  Co.,  and  that  he  had  examined  the 
books  of  the  firm  which  showed  no  entry 
of  any  such  payment.  So  far  as  he  knows  or 
believes  Lincoln  never  received  any  money 
on  the  Thornton,  Basye  note  at  Shelbyville, 
as  debtors  were  insolvent  from  the  begin- 

31 


Abraham  Lincoln,  Defendant 

ning  of  i  842.  Deponent  states  that  he  is  a 
defendant  in  the  same  suit  with  Lincoln,  but 
in  a  "  distinct  claim  "  and  has  "  no  interest 
whatever  in  the  claim  on  which  said  Lincoln 
is  sued." 

The  deposition  of  Eliphalet  B.  Hawley 
of  Springfield,  states  that  deponent  is  a 
member  of  the  firm  of  Hawley  &  Edwards, 
successors  to  Rankin  &  Edwards,  and  had 
been  a  clerk  in  the  old  firm  prior  to  buying 
Mr.  Rankin  out  in  1 84 1 ;  that  he  knew  the 
defendant  Lincoln  personally  and  the  Old- 
ham, Todd  Company  of  Lexington,  Ky.  by 
reputation ;  that  he  had  heard  the  deposi- 
tion of  N.  W.  Edwards  read  and  that  his 
statements  therein  as  to  the  Shelbyville  debt 
were  correct ;  and  that  neither  he  nor  his 
firm,  nor  any  other  person,  so  far  as  he 
knew,  had  ever  paid  Lincoln  "  any  money 
belonging  to  said  Oldham,  Todd  &  Co.  on 
any  account  whatever." 

32 


Abraham  Lincoln,  Defendant 

The  deposition  of  Henry  E.  Dummer 
of  Beardstown,  Illinois,  states  that  he  has 
been  a  practicing  attorney  at  that  place  since 
1837;  that  he  had  been  slightly  acquainted 
with  Robert  S.  Todd  and  had  known  the  de- 
fendant Lincoln  for  many  years;  that  Mr. 
Todd  had  placed  in  his  hands  for  collec- 
tion a  note  dated  May  28,  1  84 1 ,  executed 
by  Robert  Lindsey  to  Oldham,  Todd  &  Co. 
in  the  sum  of  $  1 3  4. 2  1 ,  due  one  day  after 
date ;  that  he  sued  on  said  note  and  obtained 
judgment  thereon  Oct.  12,  1 841,  in  the 
Cass  Circuit  Court;  that  Lindsey  was  in 
"  desperate  circumstances  as  to  his  pecuni- 
ary affairs"  and  that  deponent  was  able  to 
realize  on  said  judgment  in  1845,  onty 
the  sum  of  $50.00,  which  was  obtained 
through  the  sale  of  a  title  bond  belonging 
to  Lindsey ;  that,  as  directed  by  Robert  S. 
Todd,  deponent  paid  the  $50.00  to  A. 
Lincoln  in  1846;  that  his  recollection  of 

33 


Abraham  Lincoln,  Defendant 

the  amount  is  clear  and  distinct  and  that 
nothing  further  was  ever  paid  on  said  debt, 
Lindsey  dying  at  Beardstown  in  August, 
1846,  utterly  insolvent.  He  states  positively 
that  this  is  the  only  claim  he  ever  had  in  his 
hands  at  any  time  belonging  to  the  said 
Oldham,  Todd  &  Co. 

These  four  depositions,  constituting  the 
proof  for  the  defendant  and  fully  support- 
ing the  allegations  of  Lincoln's  answer,  were 
filed  in  the  Fayette  Circuit  Court  on  the 
twenty-third  day  of  November,  1853,  and 
on  January  16,  1854,  plaintiffs  filed  a  mo- 
tion to  dismiss  the  case,  which  was  done  at 
their  cost,  on  February  10,1854,  when  the 
next  term  began. 

Lincoln's  last  two  letters  to  Mr.  Kin- 
kead  on  this  subject  illustrate  that  generous 
quality  of  mind  and  heart  which  made  him 
so  deeply  sensible  of  every  obligation. 

34 


Abraham  Lincoln,  Defendant 

Springfield,  Ills. 
March  31,  1854. 
Mr.  George  B.  Kinkead,  Esq. 

Dear  Sir: 

Your  note  of  January  1  st,  informing  me 
that  Messrs.  Oldham  &  Hemingway  had 
dismissed  their  suit  against  me,  was  duly 
received.  I  write  this  now  merely  to  say  that 
I  expect  and  desire  you  to  be  paid  a  sepa- 
rate fee  for  your  attention  to  that  suit;  and 
to  authorize  you  to  retain  what  you  shall 
deem  reasonable  on  that  account,  out  of 
any  money  of  mine  which  is  or  may  come 
into  your  hands.  If  nothing  further  for  me 
is,  or  is  likely  to  be  in  your  hands,  write  me 
and  I  will  forward  you  the  amount. 
Very  truly  yours  &c, 

A.  Lincoln. 


35 


Abraham  Lincoln,  Defendant 

Springfield,  Ills. 
June  1 6,  1854. 

George  B.  Kinkead, 
Lexington,  Ky. 

Dear  Sir:  — 

Your  letter  of  the  8  th  inst,  to  N.  W. 
Edwards,  enclosing  a  draft  of  between  two 
and  three  hundred  dollars  (I  write  from 
memory  only  as  to  the  amount)  reached 
me  here  a  day  or  two  since,  and  was,  in 
Mr.  Edwards'  absence,  taken  from  the  P. 
Office  and  opened  by  his  brother.  It  was 
shown  to  me  this  morning  and  will  be  kept  at 
the  store  of  which  Mr.  Edwards  is  a  partner 
until  his  return,  which  will  be  about  six  weeks 
hence  &  when,  doubtless,  he  will  write  you. 

I  ran  my  eye  over  the  contents  of  your 
letter  &  only  have  to  say  you  do  not  seem 
to  compensate  yourself  very  liberally  for  the 
separate  service  you  did  for  me. 

Yours  truly,  A.  Lincoln. 

36 


Abraham  Lincoln,  Defendant 

Thus  the  most  vexatious  experience  of 
Lincoln's  picturesque  career  as  a  lawyer 
came  to  an  end.  Complete  vindication  was 
his.  The  charge  of  dishonesty  and  profes- 
sional misconduct,  which  must  have  cut 
deeply  the  sensitive  soul  of  that  tall,  gaunt 
man  who  long  ago  had  earned  the  sobri- 
quet of  "  Honest  Abe,"  was  silenced  for- 
ever. And  in  the  calm,  dignified,  yet 
prompt  and  vigorous  defense  of  his  own 
good  name  one  may  catch  a  glimpse  of  the 
abiding  faith  that  "  right  makes  might " 
which  saved  the  Union  and  made  the  name 
of  Abraham  Lincoln  immortal. 


APPENDIX 

Ninian  W.  Edwards  married  Elizabeth  Todd, 
oldest  sister  of  Mary  Todd  Lincoln.  It  was  while 
on  a  visit  to  this  sister  at  Springfield  that  Mary 
Todd  met  Abraham  Lincoln  and  at  the  Edwards 
home  they  were  married  on  the  evening  of  No- 
vember 4,  1842.  Probably  no  other  man  knew 
Lincoln  so  long  and  so  intimately  as  did  Ninian 
W.  Edwards.  His  answer  filed  in  the  lawsuit  in 
which  he  was  a  co-defendant  with  Lincoln  may 
be  of  interest. 

Fayette  Circuit  Court 
State  of  Kentucky. 

Edward  Oldham  &  Thos.  Hemingway,  ^ 

Surviv'g  partners  of  >  Plaintiffs. 

Oldham,  Todd  &  Co.  J 

vs. 

Abraham  Lincoln  &  1  ~  r     , 

xt-  m  uj       j    f  Defendants. 

Ninian  W.  .hdwards  j 

The  Respondent,  Ninian  W.  Edwards,  being 
duly  sworn  in  answer  to  the  Plaintiffs  petition 
states  according  to  his  best  recollection,  that  the 
plaintiffs  never  did  pay  for  the  defendant  the 
sum  of  $9.  or  any  other  sum  for  freight,  for  the 

39 


Appendix 

use  or  benefit,  or  by  the  request  of  said  Respond- 
ent for  the  benefit  of  any  one  else,  nor  did  this 
Respondent  ever  know  that  said  Plaintiffs  had 
any  such  charge  against  him  —  that  he  is  con- 
fident he  never  requested  said  plaintiffs  or  either 
of  them  to  make  said  payment  for  him.  This 
Respondent  demands  of  said  Plaintiffs  a  bill  of 
particulars  showing  the  date  and  for  what  pur- 
pose said  money  was  paid. 

This  Respondent  by  way  of  further  answer, 
copies  the  following  extract  of  a  letter  bearing 
date  Aug.  1 5th,  1 840,  and  written  by  R.  S.Todd 
one  of  the  partners  at  that  time  of  Oldham, 
Todd  &  Co. 

"  I  have  this  day  forwarded  to  Heran  &  Lees 
of  Louisville  5  bales  cotton  yarns  cont'g  280 
doz  each,  which  I  have  directed  to  forward  to 
your  care.  I  design  3  of  those  bales  for  the  bene- 
fit of  my  daughter  Frances  Wallace  and  2  for 
the  benefit  of  Mary  from  whom  I  rec'd  a  letter 
this  morning  dated  at  Columbia,  Mo :  You  can 
defray  the  charges  of  transportation  from  Louis- 
ville (to  which  place  I  have  paid  it)  and  charge 
them  for  it  to  your  place.,> 

These  bales  of  cotton  were  the  only  articles 
according   to   this   Respondent's  recollection, 

40 


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:'  ^v 


,^- 


^•*3^\ 


Ys-tZZtf  rf  <z  ^*Z^~    <£**^   *C*^£:  62^  f,  /iTV/1T40  ,  Ok^>c  >*w^ 


•**>-<      -«*_<*-<«J-    OZ^«.<- 


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?^L<*1    f£-   f£  ^^  *f^<^<^   rW^^  /<^^^  , 
/f^    (Ucl^.    CU^^t^o     C^ni^iA^aO  CK^tt     Ot^c&C^  o-aJlZ~ 


a ' 


Appendix 


that  were  directed  to  him  by  either  of  said  firm 

from  Lexington ;  that  he  disposed  of  the  same 

according  to  the  directions  of  said  R.  S.  Todd 

for  the  benefit  of  said  Frances  &  Mary,  sisters 

of  the  wife  of  this  Respondent. 

Ninian  W.  Edwards. 

State  of  Illinois       ) 

y  ss 
City  of  Springfield  ) 

I,  Thomas  G.  Taylor,  Commissioner  of  the  State 
of  Kentucky  to  take  the  acknowledgement  of 
Deeds  and  other  writings  duly  appointed  and 
commissioned  by  the  Governor  thereof  do  cer- 
tify that  the  foregoing  answer  of  Ninian  W. 
Edwards  was  this  day  presented  to  me  in  my 
office  in  Springfield  by  the  said  Ninian  W.  Ed- 
wards and  the  said  Edwards  subscribed  and  made 
oath  to  the  said  answer  which  is  hereby  certified 
and  this  certificate  is  in  accordance  with  the  in- 
structions of  the  Governor  of  the  State  of  Ken- 
tucky. 

Given  under  my  hand  this  23rd  day  of  May, 
a.d.  1853. 

Thomas  G.  Taylor, 

Commissioner. 


